go to bed. >> i want to recommend an air purifier. i read that helps a lot of people. also you made the people who love the room cold, always one part of the couple wants the room cold. you make them so happy. >> we're favor in coffee this week, jamie, just earlier in the day. >> not before bed. >> thank you, doctors. well, there will be no rest right now because we have brand new reaction to the bombshell revelations over the scope of nsa surveillance programs. new suggestions that that snooping was worse than it was even thought. more leaked documents show thousands of privacy violations every year. and good morning, everyone. we welcome you to the brand new hour here in america's news headquarters. i'm jamie colby. i'm eric shawn. new evidence coming after repeated assurances from the administration that the nsa never overstepped it' its privay bounds. lawmakers weighing in over

whether enough is being done to protect americans' privacy. elizabeth prann live in washington with the latest. good morning, elizabeth. >> reporter: good morning, eric. while the nsa sought to defend its operations, americans learned this week they violated privacy rules on thousands of occasions, whether it was the result of mo monitoring incorret phone calls to the mishandling of telephone data housed in an nsa database. an internal awe its foun audit a housed records five years past their conspiracy day expiration. senator rand paul said the program could be improved and perhaps they need to get the supreme court involved. >> i think the predecesso presit fundamentally misunderstands the balances of checks and powers. he thinks that if he gets some lawyers together from the nsa and they do a power point

presentation and tell him everything's okay, that the nsa can police themselves. one of the fundamental things that our founders put in place was they wanted to separate police power from the judiciary power so they didn't want police to write warrants, and the nasa are a type -- the nsa are a type of police. >> reporter: other lawmakers may not be so critical of the programs themselves but they disapprove of the president for not aggressively going after leaker edward snowden and his failure to clear up misconceptions about privacy protection. >> not a problem. the fact is it worked. if you have 99.99% of clients and you have self reporting errors, these came from an internal report which becomes part of an overy'all ig report -- overall ig report. i'm on the intelligence committee. i'm satisfied. >> reporter: the white house emphasized the violations didn't reflect willful law breaking. they showed reports that the nsa is aggressively monitoring

itself. eric, back to you. >> more on this story in the hour. thank you. well, it develops by the hour. we have a fox news alert coming out of egypt. the country's leaders are now engaging in crisis talks. the military is preparing for even more demonstrations. new ones called for by the muslim brother hood. leland vittert with an update in our mid east bureau. leland? >> reporter: jamie, this would mark day three of the muslim brotherhood week long rage protest which is kind of turned into an arm insurrection for lack of a better term. the army said they will deal with violence very strongly, attention and soldiers deployed around the government buildings in kiry including a cairo at tht where we heard the brotherhood would gather. at times they gathered they brought with them gunmen who tried to storm in. that's obviously why you see such a big police presence. there's history to this. this is video yesterday from a

mosque in cairo as the brotherhood had taken up arms, and they were shooting out of the mosque at the police and the crowd below. the brotherhood had gone in to seek refuge when they tried to storm a police station. that didn't work out so well. the police stormed in, tear gas, riot shields, all those kinds of things, ended up rescuing members of the muslim brotherhood. when they came out of the mosque, the police were cheered by the crowds. many people in cairo are very upset at the brotherhood for what's going on. the government is looking at what kind of steps they can take going forward. they say there will be anl proct they're thinking of the outlawing the muslim brotherhood, calling it a terrorist organization, trying to freeze its assets and rounded up a lot of the leadership, including this person. the name sounds familiar because his brother is the head of al-qaeda, but he in his own right is a well known jihadist in egypt. it was thought he was trying to plan something with the

militants in the peninsula to bring them in to this fight going far beyond any kind of political protest, much more of an armed conflict. that's what these guys would be involved in. the army, meanwhile, put out a number of statements saying they're interested in peace and urge calm on the streets, but at the same time they're saying they're going to deal with these things matter of factually and deal with security issues obviously with live fire if they have to. jamie, looking at this, though, the army is still incredibly popular in egypt, probably the most popular man in egypt right now. the army has widespread support as it becomes proven that the muslim brotherhood is acting much more like some kind of militant organization, some kind of armed organization than any kind of peaceful political party that they've been trying to act as over the past couple of months. back to you. >> leland, so hard to tell which way it will turn. keep an eye on it for us, and we'll check back. thanks so much for your report from the mid east bureau.

there's a critical u.s. ally in the region getting billions of our money. this morning there are growing calls on capitol hill to suspend or stop the 1.3 billion dollars in u.s. military aid that flows to cairo from washington. senator john mccain, one of those senators calling for that, saying he changed his mind. he said this morning that we should, for now, stop american taxpayer money from going there. >> for us to sit by and watch this happen is a violation of everything that we stood for, and when we threaten something as we did, that we would cut off aid, as the administration did and then not do it, then you lose your credibility and your influence. >> jack keen is a retired four-star general, former vice chair of staff for the army and a fox news military analyst who joins us now. general keen, always good to see you. >> good morning, eric. >> john mccain has jumped on the a bendwagon abou a bandwagg

or stopping military aid. if that happens, what will we do. >> i have utmost respect for the senator and agree with him mostly on everything. if congress wants to change the conditions for administering the aid, that's certainly their right to do so. i think it would be a good thing. i believe it's a mistake for the administration to cut off the aid now while we're triangl tryo maintain this relationship. not so much the aid is the relationship that's the issue. it would further deteriorate. the second thing is we have to stay focused on this muslim brotherhood issue. i don't think we should be taking any action which encourages them, which gives them sort of a victory with a repudiation of the military command. certainly the human dimension here has got to be taken into account. there are people being killed and the military is certainly taking a role in that, but the muslim brotherhood's defiance is also contributing to some of

them. >> certainly the military could retaliate against us. let's just take a look. we have a full screen of some of the ways, what we get for our $1.3 billion. for example, egypt allows us to have automatic military overflights, 2000 last year. in most countries they need like a week advance notice. 45 warships passed through the suez canal. what would it mean, and what could they do if we cut the cord? >> well, certainly i think most importantly the relationship directors. yes, some of that would be aggravated. our military support would not be what it should be. we are getting counsel, the administration is getting counsel from israel not to cut the aid, to maintain this relationship with the military even though it's challenging to be sure. the same thing is coming from saudi arabia and also from the united arab emirates, and jordan as well.

i think the administration on this issue is trying to do the best they can in a very difficult situation. we've been very critical of them in the past in distancing themselves from morsi. every indication is they're involved with these generals and trying to shape this situation. the fact of the matter is they're not listening very much because they are totally focused on stamping out the muslim brotherhood's leadership and its influence. >> does that send the wrong message to others i in the midde east when it comes to this type of action? >> well, we have a weakened hand that we're playing in the middle east because we have been disengaging from the middle east, and that ha is obvious tol the leaders in the middle east. they have said so privately, and they've said so publicly. the generals are very much aware of this themselves. let's be frank about it. so i don't think we're -- we have the influence that we used to have, and certainly our actions with morsi has contributed to that in terms of how the generals are reacting to

our influence now. >> you know, speaking of the generals, one of them, the defacto leader is very well known to american leaders and israeli leaders. he went to the u.s. army war college. he attended that in 2006, so search americans and american officials in the pentagon have known him, have worked with him very well, and he wrote a paper called democracy in the middle east during his time at the war college, so how can that relationship be strengthened, and does that actually mean anything if he apparently won't listen? >> well, i think those relationships always do mean something, and it's not just the relationship, it's also his exposure to the united states, its military, how it thinks, its values. those things are very valuable. when we cut off our relationship with the pakistanis over the development of a nuclear weapon, most people when they look back on it now realize that was a mistake because the fact of the

matter is a generation of pakistani military leaders were denied access to our military school systems, and the younger generation of pakistani officers who this represents are very proislammist and are not from the more moderate traditional cut of pakistani officers that we've had in the past, so i think the impact on el-sisi is there. he's known as a thoughtful, sometimes cunning individual. the fact that he wrote democracy in the middle east when he's going to the war college in 2006, when war was raging in iraq, and we were at our most frutszing point, actually playing a losing hand in 2006 also shows how brazen he is to put forth his views. >> all right. we'll see if indeed there can be democracy in the middle east, specifically in egypt at some point when this is finished. general jack keane, thanks so much for joining us with your

insight this morning. >> good talking to you, eric. >> absolutely. >> jamie? >> thank you, general, so much. there's a team of un chemical weapons experts that arrived in syria. their mission is to investigate the possible use of chemical weapons in that country's civil war. the regime and the rebels have accused each other of using chemical weapons, but the un team will try to determine if they were actually used and not who used them. now, some of the big celebrates from hollywood live in sun valley, and now firefighters are pouring in there. they're trying to go into central 50eud hoe t idaho to baa wildfire threatening thousands of homes in the lovely state. dry timber and winds fueling the blaze that has no signs of lessening at the moment. hi, domonic. >> hey, eric. marginal gains in containing the beaver creek fire overnight. heavy smoke grounded

firefighting aircraft early saturday cleared by the afternoon allowing helicopters and the dc-10 tankers to make drops in the late afternoon. well, containment inched forward to just 9%, but still at about 100,000 acres, it's bigger than the city of denver. nowhere near being under control, though, and the authorities say the fire was active on all fronts throughout the night with extreme surface runs on what they call spotting where basically the fire randomly breaks out due to hot embers carried on the winds. this morning flames are creeping closer to homes and subdivisions in the mountains west and also near sun valley where those expensive properties and celebrity homes are. so far authorities still have mandatory evacuations of 1600 residences and more homeowners are actually expected to be asked to leave today. only one home and one structure has been claimed by the fire, that is good news, but winds as high as 30 miles per hour are inverting the direction of the fire. that is making it hard to

predict where it will go next. evacuees say they're very much in fate's hands now. >> now it's just kind of wait and see what happens. can't control it. >> our pets are safe. we are safe, valuables and irreplaceables are safe. everything else is replaceable. >> eric, you were mentioning that the sun valley area is home or second home to some celebrates, names like tom hanks and bruce willis. insurance companies are keeping up their own efforts. they started yesterday to protect some of the big ticket properties there, sending in their own fire mitigation teams. that's because there's not enough firefighters in the area yet, but there are plenty firefighters expected to be pouring in today. they sent some yesterday, but a few more hundred are expected today. eric, back to you. >> the snow making equipment they use in the winter, they're use it go to pour water on the flames in sun valley. thank you very much. monday morning when the stock markets reopen, what can we expect after one of the worst weeks of the year?

the dow falling by more than 2%. what's behind the tumble? should investors be concerned about what's ahead? joining uggjoining us now, fox r business correspondent brenda butner, anchor of bulls and bears. brenda, you're accommodating by background us on this topic. i thought a lot of people would be worried. i am. are you? >> reporter: yeah. well, absolutely. the dow is down some 4% from when it hit its record close on august 2nd. it's been very -- the market has been very volatile this month, so it looks like investors are taking some money off the table, and perhaps for good reason. last week we had a lot of bad news. the main bad news was that retailers from low end stores like wal-mart to high end stores like macy a macy's and in order, they're saying things do not look good. consumers are not spending. it's likely they'll continue to not spend for the next year or so. that's their outlook, so that's very frightening because consumers are the engine of the economy. we've been counting on them to

spend, and that's a problem. the other issue is that interest rates are going up, so the other thing that's been looking good in the economy is the housing market. it is getting a little shaky. if interest rates continue to go up because the fed continues to hint that it's going to pull back on its easy michell money , then buyers may move out of the market. again, the housing market is one of those things that's looking good in the economy. that could, you know, pull the rug out from under us. >> any time line for turning around if possible? >> reporter: one thing to keep in mind is the market has become very far, very fast. the dow is up 15% this year. the s&p which you probably have your 401k in, many of us do, is up 16%. a little pullback is okay. it makes sense. sometimes, you know, the bulls can't run forever. they might have to take a breather. >> we prefer when they run. brenda, thank you very much. >> reporter: thank you. jamie, there is continuing turmoil in egypt. it's growing more dire by the

day with no signs of ending. could this, though, spill over to neighboring countries, and what does it mean for israel? coming up, former israeli ambassador to the united nations, dan gillam, will join us and tell us about what's happening in neighbor neighbori. , we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7, you need an ally. hello? ally bank. your money needs an ally.

>> jamie: back to our top story. this. the crisis in egypt. there are growing fears this morning over the army's ability to contain the escalating violence and prevent it from spilling into neighboring countries. one of those countries, israel. ambassador dan gilliman. good morning. we're glad to have you from israel this morning, and i want to ask you. when the president comes back to work on monday, would you expect him to do more or say more about this situation? >> well, good morning, jamie. i certainly don't envy the president of the united states at this point. i mean, when he comes back to d.c. tomorrow, he will look at the map and see our neighborhood probably at its most difficult

and most volum volatile time foa very long time. this is a very tough neighborhood. syria is in the throes of a civil war, egypt is a blood bath. jordan is teetering, iran is nearly nuclear, and the president has to navigate all this with great wisdom an also learn from past mistakes. i think a lot of mistakes and some naivete have brought about some of what we're witnessing today. i believe very strongly that the president has to be very, very careful about how he handles this situation. egypt is not just another country. egypt is the largest arab country, and they're described as the mother of the arab world, claiming all the rest. today egypt runs the risk of being just another tribe with many, many flags. there's a lot of diagnos disordf blood shed, and i think the u.s. has to try on the one hand to maintain a relationship with the army which is the only organized

secular body in egypt. at the same time, they have to try to see how it can stay out of trouble while hoping that this will be resolved in the quickest possible way. >> jamie: ambassador giller manl, i'm reading this morning two headlines i want to point out. one is that the military has said there's room for everybody, and the second one is that they may try to ban the muslim brotherhood all together. what's the implications of those two statements or proclamations to israel? >> well, i'm pretty sure that the military may be wants to include everybody, but at the same time realizes that the muslim brotherhood has been for years the most extreme fundamentalist terror oriented organization in egypt, and if

the army could, i believe it would try to outlaw the muslim brotherhood, try to sideline it, try to put it in a place where it can no longer raise its ugly head and terrorize the lives of egyptians. it's also seen that most egyptians are actually in spite of the horrible bloodshed and pictures we've seen are actually in favor of the strong measures which the army is taking against the muslim brotherhood. i don't think the muslim brotherhood is very popular in greater egypt which is a huge, large country. therefore, i believe that the army's aim today is to take no prisoners and to really have a policy of no holds barred and to outlaw the muslim brotherhood and make sure that egypt can return in a very gradual way to a democracy, hopefully where the army hands it over to secular forces which can run it in a

more democratic way. >> ambassador, israel, particularly the prime minister, has been somewhat silent about the situation in egypt. watching it carefully, of course, for the protection of people there. >> jamie: can israel avoid getting involved in this conflict? >> i hope very much. i think the prime minister is very wise in being silent about this. this is a very, very difficult, delicate situation, and you don't want to come out on any side while this is going on. at the same time, you know, if you look at the map and you see how tiny israel is, being the only bastian of a vibrant democracy surrounded by a civil war in syria and this bloodshed in egypt and a teetering jordan, israel has to be very careful for two reasons. one, the arab countries have always when there was a crisis tried to mobilize and unite

their people against a common enemy which in this case is israel. this is something we have to take into account, although i don't see any of the arab armies having the capability of threatening israel. the other thing, though, is especially in egypt, while the army is so busy trying to control the situation in the cities and trying to bring an end to those activities, it has very little time to control things in the sinai where there are jihadist movements and jihadist terrorists while also threatening israel and firing rockets into our main tourist resort. if israel feels that the egyptians cannot control it, israel will have to try and do it itself. that could be very difficult and very, very careful about not infringing on egyptian sophomore sovereignty. if we know there are people there actually having, you know,

preparing rockets to fire into israel, we have to do everything we can to prevent it even if it means interfering with egyptian sophomorsovereignty. >> ambassador, it's always a privilege to have you with us. thank you so much. eric coul. >> eric: can you believe it was back in 1997 when princess diana lost her life in a car accident under the tunnel in paris, and all those allegations from dodi fayed's father about what happened to her. there are no allegations that emerged that she was, quote, murdered. scotland yard is investigating, and we'll look into them, too. . and it gives you what you are looking for to live a more natural life. in a convennt two bar pack. this is nature valley. nature at its most delicious.

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>> eric: the health care overhaul, a major topic on capitol hill today. some republicans now raising the threat of possibly shutting down the government over funding for obamacare. this as president obama in his

address yesterday claimed the republicans -- blamed the republicans for, in his words, gumming it up. now a powerful republican senator, kentucky's rand paul, is talking about a way to possibly avoid a shutdown. >> people want us to stand up and fight. i'm willing to stand up and fight. we should use the leverage of controlling one-third of the government. we don't control all of the government, but republicans control the house of representatives. they should stand up, use that power to at the very least make this law less bad, delay it, do something we can to protect the american public from this law, or if we do nothing, we're just saying to the president hey, you get your way. >> eric: brad blakeman is former assistant to george w. bush, and former chief of staff. welcome to you both. what will republicans do? >> republicans should play chess and not russia roulette. the strategy is to distort, divide, and distract us, the 3d

strategy. we shouldn't fall into that trap. the fox news poll suggests that the american people don't like obamacare overwhelmingly, and they believe that it' it's in or best interest to repeal or replace it, so the job for republicans is to dismantle as much as we can. the president has done great job of it already. he's now eliminated the business obligation for obamacare to kick in, and the individual contribution. so the president is doing a nice job. unions are lining up against it. let's not shoot ourselves in the foot. let's have in the spring and summer of next year as we gear up to 2014 a plan in place where we solve obama care, but we also tackle the economy, and not fall for the democrats wanting us to shut down the government. we should keep our eye on the prize, and that's 2014. >> eric: chris, do you think that obama care will be solved or saved? >> i think it depends on what republicans want. you just heard from brad i think a pretty good summary of what they want.

their whole motivation here is basically to kill it. that's not going to happen. it is the law. it's going to be around. now, have there been challenges, absolutely. there's always a challenge, no matter what piece of major legislation is pass when you're trying to implement it. what you don't hear from the republicans is any desire to repair it. it's not going to be repealed, it's not going to happen. it's not going to be replaced. if they want to repair it, and they have good ideas, i'd love to hear it. i've yet to hear one. when you here senator paul playing this game of legislative black mail in order to get a delay of so-called obamacare, it's not going to happen. if that happens or they pursue that kind of strategy, it's not because democrats want it. it's because republicans have this incredible desire to shoot themselves in the foot as they're kicking themselves in the head. i don't understand why, but i think part of it has to do with an incredible lack of ideas. until that changes, we're going to keep it around. >> eric: i'm trying to imagine kicking yourself and shooting yourself at the same time. how do you do that, like this? what do you do?

chris just asked for one good idea. do you have one? >> yeah. the idea is go back to what republicans talked about originally, and that is a marketplace-based system where the consumer can get insurance across state lines, where you have insurance pools where people can get together and form pools of insurance which will lower the cost because you have more people paying in. a marketplace solution is the way to go, eric. >> eric: brad? >> wait a minute, chris. let him finish. >> this is not a market-based solution. it's a forced solution where you are forced into the government's determination of the care you get provided, and when you're going to get coverage. chris, let me ask you a question. the health care that's already mandated, medicare, medicaid, is going broke. so instead of you guys fixing that which we're already obligated to provide americans, you put on a whole new system where the president, by his own

word and deed, has said it's not ready for prime time. i'm eliminating people from the obligation for a law to kick in. you've had three years to implement this law. >> eric: chris, go ahead. >> well, i mean, again, i think what you heard from brad was a complete misunderstanding of the law. it's not, for example, a public option as some democrats or some on the left wanted. it is a market-based solution. the insurance companies still exist. they weren't put out of business. the exchanges and others give people a chance for competition. by the way, a major reason why the exchanges and other parts of the market-based solution haven't been able to be implemented as effectively as possible is because you have so many republican governors who are willing to help do that. that is their courthous choice. at the end of the day this notion that you'll replace obamacare with some new policy, we both know that's not going to happen. >> i'm not so sure. >> how do you want to fix it.

>> eric: brad, it will stay? >> it's not going to stay in its present form. we know that because the president itself said it can't stay in its present form. look. when you pass a bill that nobody reads, 3,000 pages in the dark of night, what do you expect? you get what you pay for. lobbyists wrote this bill. it is a mish mash of obligations. there is no restriction on cost, and we're seeing states lining up to sue to prevent the exchanges from taking place. >> but brad, here's the key thing. at the end of the day, in order to be a viable political party, you actually have to have credible solutions. you cannot keep going out there and threatening t shutdown after shutdown. that's not a solution. >> eric: that will be the last word because we're out of time and congress is exempt, so that raises a lot of questions in some people's minds. brad and chris, thank so much. >> thank you. >> thank you. >> jamie: the president and have a lavladimir putin. what happened to american-russia relations and what could be

next. for a look beyond the news, here's liz trotta's sunday commentary. >> gay world activists and celebrates have found a new cause, victory parties for the advancement of same-section marriage have barely died down when the world's most important eville empire evil empire inspiw crusade. the wily president putin signed a law against gay prop began dieing against children. the new law prohibits demonstrations, gay parades, waving a rainbow flag, and conceivably wearing a pink feather in your hat. those caught spreading the gay message faced jail time, fines, and deportation. now, there is no bigger extravaganza than the olympics, so this is shaping up as the best-ever stage to dram advertise thatizethis idea.

the russians have this not so quaint idea that homosexual is not normal and therefore harmful to society. the argument has gotten so testy, a russian pole vaulter is attacking fellow athletes for wearing rainbow nation polish. suggestions abond. mr. putin, the former kgb agent who was outfoxed and outplayed president obama at every turn, must be as happy as, well, a homosexual at a gay kiss-in. like the one staged in front of the russian parliament last week. it's clear the russian president is not intimidated by calls to cancel the games, not when nbc paid $775 million for the broadcast rights. not when he sized up the american president as a rookie at their first meeting. from the start, mr. obama has

proasmed thapproached the formet union with detente, not the tough strategy of the bush era. it was time to reset u.s. foreign policy. the president announced he would not meet one on up wit one with mr. putin at next month's g-20 summit in st. petersburg, although he will attend. moreover, he said he is offended by the new law, saying if russia didn't have gay or lesbian athletes, that will probably make their team weaker. now, really, mr. president, must you grofl? in a dangerous time that called for principles and veterans of diploma see, we have suggested a dangerously clueless man who thinks the ingrais ingratiatinge can call off the wolves.

putin has refused to end his support for oppressive governments. obama's agreement to cancel plans for a missile shield in eastern europe, and of course, putin's eagerness to grant asylum to the traitorous leaker of america's top secrets, edward snowden. the olympics may be intended to burnish putin's tough guy image at home but it shines a lard had light on our feeble ability. the ratings are sure to explode for the olympics. all of us are thinking about where and when the reset began. remember with hillary clinton, the newly minted secretary of state in 2009, thought it would be disarming to present russia's foreign minister with a gift? she gave him a large red button

that in russian was supposed to read rhet reset. seems her translators at state got it wrong, and it came out overload. reset and its accommodating message was doomed from the start. a bit of advice to the gay lobby. you may hear some righteous rhetoric about human rights, but don't expect any historic action from -- heroic action from your own government or the international olympic committee which has already pointed to its own rules that prohibit political action. you're on your own. >> jamie: coming up, an update on the court martial of nidal hasan with an army jag officer. will hasan himself take the stand? that's next. hey linda! what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious! just two gummies have 4 grams of fiber! to help support gularity! i want some... [ woman ] hop on over! [ marge ] fiber the fun way, from phillips'.

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>> jamie: so many years later, this trial is still going on. a major ruling is expected in the fort hood shooting trial this week. the judge has to decide if prosecutors can call witnesses

to testify on the alleged radicalization of suspected gunman nidal hasan. what would that mean for the case? you're looking at me, my guest is looking at me because he's not suspected, he's admitted that he's killed. he's a former u.s. navy judge advocate general with years and years of experience in these kinds of cases. he's joined us, and we appreciate it. first of all, you can't have a narrative on the stand when you are defending yourself which he is, but you say he wants to take the stand. >> he definitely will take the stand. he wants these -- he's proud of what he did. he wants the world to know why, and that's why the radicalization testimony will definitely, in my opinion, be allowed to show his mos motive,o show how he got there. hasan, even if he had the right to, as he does, to oppose that, will not oppose that because he wants his story told. he wants the world to know why he did what he did. >> jamie: in his twisted mind,

it seems to me that he believes that his motive is a defense to this crime. he was doing this for his muslim brothers. >> definitely he wanted the defense of others defense which the judge ruled could only be used if the others, the persons that he was defending, were in immediate risk of harm, and since the soldiers that he so brutally shot in cold blood were waiting to go or to come back, they posed no harm to anyone. >> jamie: all along the way there were witnesses, these radicalization witnesses the prosecution wants to call, that saw him say things, write things, attend meetings. he actually asked for status to change to not have to deploy because he believed what he was doing for the military was wrong. is that a catch-22? >> well, the fact that he had asked not to go, one of the aggregating factors that the members are going to have to

consider when they get to the second phase of this trial which is whether or not to award the death penalty is whether the sag separating factors, and there are 11 of them under the rules for court martial, outweigh the defensible factors, the mitigating factors. one of the aggregating factors is that he acted in an attempt to avoid or shirk duty, so the fact that he knew he was being deployed to afghanistan, tried so hard to get out of it, and then when he finally had his orders to deploy, resorted to the senseless acts of violence that he did resort to, is going to be one of the mitigating factors. all they need is one to sink his ship. >> jamie: it has to be unanimous, the death penalty. >> and therein lies the rub. we do not know whether or not one of the members, all it takes to one member to think that what would be a more fitting punishment for this person is to languish in for the leavenworth for the rest of his natural

life, paralyzed, unable to walk, and just thinking for the rest of his life on the deed that he did. >> jamie: we know he has said that death would bring martyr martyrdom, not something that wants to be encouraged. very interesting analysis, thanks so much for joining us. >> my pleasure. >> jamie: thank you for your service. >> thank you so much. >> jamie: eric. >> eric: have you heard about this? there are new allegations about the death of princess diana. we heard the claims before that she was murdered. that car crash. why is scotland yard now looking into this now? but your erectile dysfunction - you know, that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity.

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>> eric: have you heard about this story in london about the death of principa princess dian. another claim that she was murdered. this as we're seeing brand new video of diana's younger son, prince harry, as he toured minefields in angola. he followed in his mother's food steps in a cause very close to her heart. scotland yard is studying the allegations. brian, we've heard this before. it's been disputed and not proven at all. why are they looking into it now? >> reporter: we've heard it plenty of times before, eric. two weeks before the anniversary

of her death, british police have received new information, another conspiracy claiming the princess of wales was killed by a member of the british military. sources tell sky news, our sister network in britain, scotland yard is, quote, assessing the relevance and credibility of new information from a letter given to them by the former parents of a former soldier. this unnamed soldier believed to have been a member of the elite british special forces commando unit. the letter reportedly claims he was behind the death of princess diana on that august night when she and her boyfriend, 42-year-old dodi fayed, left a hotel in paris, france followed by paparazzi. princess diana, fayed, and their driver were killed when they are mer samercedes benz hit a pillan the tunnel. there is skepticism surrounding this latest claim as expected.

>> we get this every single year prior to the anniversary of the death of diana, princess of wales. i think the police did a thorough investigation prior to the inquest. that's why we had an inquest. the french did a thorough investigation, and they both came to the same conclusion. i don't think anybody's doubting those conclusions. >> reporter: again, scotland yard says this is not a reinvestigation into princess diana's death. we've received no comment from buckle ham palace, eric. >> eric: you have to remember they're trying to sell a book. thank you, brian. we'll be right back.

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>> eric: have greahave a great . there's our twitter. i'm eric shawn. >> jamie: i'm jamie colby. shannon bream takes it from here. everybody, take care. new conspiracy theory, reports of a shocking new claim a member of the british military was involved in princess diana's death. is it just speculation or can the mystery behind the tragic night she died finally be put to rest. nasa eaves dropping. the nsa said it made mistakes when it accidentally tapped into your private communications. critics including those here in washington say that's not a good enough excuse. a fair and balanced debate with two key members of congress. hillbilly hoopla. one couple's camouflage wedding came true when a duck dynasty member crashed the wedding. plus, another baseball player off the roster. we'll tell you who he is. i'm shannon